1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingNew Mexico Bureau of Vital Records and Health Statistics
Certified New Mexico death certificates are issued by the state Bureau of Vital Records and Health Statistics (about $5.00 per certified copy), orderable online, by mail, or in person, and at some regional vital records offices. Colfax County families order through the state office or an authorized regional access point. Only persons with a direct and tangible interest (such as a surviving spouse, parent, child, or personal representative) may obtain a certified copy. The county Probate Court does not issue death certificates.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
A person who has custody of a will must deliver it after the testator's death (NMSA 45-2-516). New Mexico does not set a fixed numeric day count for this duty; the will is offered for probate before the county Probate Court (informal) or the District Court (formal). Informal probate may not occur until at least 120 hours (five days) after death (NMSA 45-3-302). Verify the custodian's obligations and timing with the court. (NMSA 1978, Section 45-2-516)
Creditor claim window
Creditors generally have 4 months from first publication of notice to creditors to bring claims against the estate. (NMSA § 45-3-801)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the New Mexico small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
New Mexico's small estate procedure lets a successor collect personal property by affidavit when the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $50,000, at least 30 days have passed since death, and no application or petition for appointment of a personal representative is pending or has been granted. The affidavit may not be used to perfect title to real estate (NMSA 45-3-1201). Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $50,000
- Filing fee:
- $30
New Mexico has no fixed-dollar 'summary administration.' Instead, NMSA 45-3-1203 lets a personal representative immediately distribute and close a small estate without notice to creditors when the inventory shows the estate (less liens/encumbrances) does not exceed the family and personal-property allowances, administration costs, last-illness expenses, and reasonable funeral expenses. Separately, a community-property homestead may pass to a surviving spouse by recorded affidavit six months after death without probate (NMSA 45-3-1205). Availability depends on the facts; verify locally.
- Qualifies:
- Smaller estates that meet the state limit
Documents you'll need:
- Certified Death Certificate
- Small Estate Affidavit (Collection of Personal Property)
- Affidavit of Title Transfer of Community-Property Homestead
A personal representative is appointed - informally before the county Probate Court (or District Court) for uncontested matters, or formally in the Eighth Judicial District Court for supervised or contested matters. The personal representative gives notice, prepares an inventory and appraisement within three months of appointment, pays claims, and distributes the estate. Real property and community property pass with the estate, subject to the community-property homestead pass-through (NMSA 45-3-1205). Verify bond, surety, original-will, and notice requirements with the court.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Certified Death Certificate
- Original Will
- Application for Informal Probate and/or Appointment of Personal Representative
- Letters Testamentary / Letters of Administration
- Notice to Creditors (publication)
- Inventory and Appraisement
- Closing Statement
New Mexico's small estate procedure allows a successor to collect personal property by affidavit when the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $50,000, at least 30 days have passed since death, and no application or petition for appointment of a personal representative is pending or has been granted. The affidavit may not be used to perfect title to real estate (NMSA 45-3-1201).
- Qualifies:
- $50,000
Documents you'll need:
- Certified Death Certificate
- Small Estate Affidavit (Collection of Personal Property)
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Colfax County Probate Court / Eighth Judicial District Court can help you understand forms and filing requirements at no cost.
Visit Self-Help Center